1. Your Acceptance
Welcome to the User Terms of Service for the KwykPix.com
website and any associated services. This is an agreement (“Agreement”)
between KwykPix, the owner and operator of www.kwykpix.com (the “Site”),
any KwykPix services (“Service(s)”) and you (“you”, “your” or
“user(s)”), a user of the Site and Service. Your ability to submit or
transmit any information to the Site and Service, including but not
limited to text, photos, pictures, comments, designs, data, or videos
will be referred to as “Content” throughout this Agreement
Throughout this Agreement, the words “KwykPix,” “us,” “we,”
and “our,” refer to our company, KwykPix and our Site or any Services,
as is appropriate in the context of the use of the words.
By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. Users wishing to sell products or list their business on KwykPix must also agree to our Sellers Terms of Service. We may amend this Agreement at any time and will notify you or place a note on this Agreement when we do so.
If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.
2. Eligibility
You must be 18 years or older to use our Site or Service. If you are under the age of 18 you must be at a minimum of 13 years of age or older and must have parental consent before using our Site. Parents or guardians of users under the age of 18 must control the account to make any purchases or to conduct any transactions through the Site and Service. If you are under the age of 13 please do not use our Site and please do not submit any information to us.
3. Donations
KwykPix believes in giving to charitable causes. Therefore, a portion of any fees charged by KwykPix shall be donated to a charitable organization. If you wish for KwykPix to donate to a specific charitable organization, please contact us at info@kwykpix.com. Please be aware that we reserve the right to donate to charities of our choosing and your request does not obligate us to donate to any charities that you may have requested.
4. Accounts
In order to provide you with access to our Site and Service, you may be required to create an account. We may collect personal information during the account creation process as disclosed by our Privacy Policy. Please keep your account username and password safe as you are solely responsible for your account and any activity that occurs with your account. Please be aware that we reserve the right to refuse service to you or any other users. If you have any issues with your account or wish to cancel your account please contact us at info@kwykpix.com.
If you wish to cancel your account, please contact us. After we have been notified of your desire to cancel your KwykPix account, we will verify that all transactions have been completed under your account. Once such verification has occurred you will receive a notification from us verifying that your account has been cancelled. Please be aware that once you initiate the cancellation process, your account may become immediately inaccessible.
5. Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
6. Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a, personal, non-exclusive, revocable, limited license to use our Service, access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that we feel may damage the rights of KwykPix or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us and cancel your account.
7. Use of KwykPix
When using our Service, you are responsible for your use of KwykPix, and for any use of KwykPix made using your account. Specifically, you agree that:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. We may also suspend or terminate your access to KwykPix if we feel that any of your activities through our Site or Service may harm the rights of KwykPix. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but KwykPix reserves the right to suspend or terminate any account at any time without notice or explanation.
8. Your Content on KwykPix
When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any Content or delete your Content from KwykPix at any time. You understand that when using the KwykPix Service you may be exposed to Content from a variety of sources, and that KwykPix is not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KwykPix with respect thereto, and agree to indemnify and hold KwykPix, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
When you submit any Content to us, you grant KwykPix and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through KwykPix or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote KwykPix. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.
By submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post. Finally, you agree that your post does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
9. Public Display of Content
When submitting any Content to us, you understand that this Content may be viewable by the public or other users. It is recommended that Content that you submit to our Site and Service be tasteful and up to community standards. You agree that we at our sole discretion may remove any Content that we determine is not up to community standards.
10. Compliance With All Laws and Regulations
KwykPix is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our Site and Service is void where prohibited.
11. Intellectual Property Rights
The design of the KwykPix Service along with the KwykPix name and logo, the phrase “Buy, Sell, Give”, the KwykPix scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to KwykPix, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. KwykPix reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission for you to do so.
12. Purchases
While using our Site or Service, you may wish to make a purchase from users selling items on KwykPix (“Seller(s)”). Any users purchasing items through our Site or Service shall be referred to as “Buyer(s).” In order to make a purchase through KwykPix, Buyers will be required to submit their credit card information to our third party payment processor. We may use PayPal or another service to process payments. Please read and agree to the terms of service of our third party payment processor before submitting any payment information.
When purchasing any products from the KwykPix Site and Service, the Buyer agrees that, he or she, is entering into a legally binding contract with the Seller. When purchasing any products Buyers should carefully read the Seller’s Terms and Conditions of Sale and their refund or return policies, if applicable. Please be aware that Buyers may be liable for risk of loss once a Seller’s goods have been delivered to a common carrier. As KwykPix is only providing a marketplace, you agree that KwykPix is not a party to any purchase contracts created between you, the Buyer, and any Sellers.
13. Shipping
Buyers may be able to choose from a number of shipping options offered by Sellers at the time of purchase. However, Buyers should be aware that shipping times may vary for any items purchased through Sellers on KwykPix. KwykPix does not guarantee the shipping times of any Sellers and all such times should be used as an estimate only. Buyers will be able to review their estimated shipping time at the order checkout screen. For precise shipping times, we encourage Buyers to contact the Sellers directly.
14. Credits and Discounts
From time to time we may offer you KwykPix credit or discounts. Our store credit is listed in USD and has no cash value and is non-redeemable for cash. You may not transfer or sell your credit. Additionally, some KwykPix Sellers may not participate in the KwykPix credit program. When cancelling your account any credit remaining will be forfeited. Please be aware that additional terms and conditions may apply on any KwykPix credit issued by us.
15. Chargebacks
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent permitted by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
16. Purchase Refunds and Returns
It is important for Buyers to fully read and understand any return or refund policies offered by any Sellers before purchasing any products or services. Please be aware that some Sellers may or may not offer a refund or return policy for products sold through the KwykPix Site or Service. Buyers should be aware that Sellers are solely responsible for any returns and refunds. Buyers agree that KwykPix is not responsible or liable for any failure by Sellers to refund or offer returns to Buyers for any purchases made through the KwykPix Site and Service.
17. Buyer and Seller Dispute Resolution
At KwykPix we want Buyers to purchase with confidence. In the event of a dispute we ask that Buyers contact Sellers directly to resolve any disputes. However, if such direct contact does not lead to a resolution, we ask Buyers and Sellers to contact us so that we may help resolve any disputes between the Buyer and Seller. KwykPix will expend reasonable efforts to resolve any disputes between Buyers and Sellers. However, KwykPix can make no guarantees that such disputes will be resolved in a manner that is satisfactory to both the Buyer and Seller.
18. Taxes
Buyers agree that they are solely responsible for paying any taxes, levies, or fees associated with using our Site and Service. Although, Sellers may charge Buyers sales tax, Buyers agree that if they do not, that they will pay any associated taxes, levies, or fees.
19. Site and Products Disclaimer
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Although we aim to provide you with accurate data and content through our Site and Service, please be aware that our Service and any information found within it are offered “as-is.” Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone for any reason.
You agree that any information listed by us or a third party on our Site and Service may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or the products purchased from Sellers will produce any desired results for you. We do not endorse, represent, warrant, or otherwise verify any third party products sold through our Site and Service. We cannot guarantee that any products found on our Site or Service will work as advertised. We assume no responsibility for the accuracy or completeness of any information regarding the hazardous nature of the products listed or their suitability for any intended use. You assume all responsibility for the safe and proper use of purchased products. You agree to release us from any liability that we may have to in relation to your use of our Site and Service.
20. Representations and Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KWYKPIX NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY PRODUCTS OR SERVICES SOLD THROUGH THE KWYKPIX SERVICE; (C) OUR CONTENT AND ANY USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KWYKPIX OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
KWYKPIX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. KWYKPIX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KWYKPIX DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND KWYKPIX SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. KWYKPIX DOES NOT ENDORSE ANY CONTENT OR PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR PRODUCTS FOUND ON OR THROUGH KWYKPIX. IN THE EVENT OF ANY ISSUE OR PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS KWYKPIX, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THE MANUFACTURER OR SELLER OF SUCH PRODUCTS OR THE SUPPLIER OF SUCH PRODUCTS, IN ACCORDANCE WITH ANY WARRANTIES PROVIDED BY SUCH SELLERS, MANUFACTURERS OR SUPPLIERS.
21. Limitation of Liability and Release
IN NO EVENT SHALL KWYKPIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES DUE TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION OR PRODUCTS LISTED AND SOLD ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. KWYKPIX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SITE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE MAY BE FOUND LIABLE TO YOU FOR ANY ISSUES REGARDING OUR SITE AND SERVICE, YOU AGREE OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
22. Class Action Waiver
You and KwykPix agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
23. Indemnity
You agree to defend, indemnify and hold harmless KwykPix, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the KwykPix Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
24. Choice of Law
This Agreement shall be governed by the laws in force in the state of Wisconsin. The offer and acceptance of this contract is deemed to have occurred in Wisconsin.
25. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Dane County, WI.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
26. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
27. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, KwykPix shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and KwykPix.
28. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
29. Termination of Your Service
If we determine that any of your actions may harm KwykPix, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
30. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
31. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
32. Electronic Communications
The communications between you and KwykPix use electronic means, whether you visit the Site or Service or send KwykPix e-mails, or whether KwykPix posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from KwykPix in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that KwykPix provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
33. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about KwykPix must be sent to our agent for notice to: info@kwykpix.com or by phone at 608-838-0317
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.